MASON CITY – A Mason City woman who had appealed her drunk driving conviction and lost is now serving time in the Cerro Gordo County Jail.
Lisa Ann Bailey, 42, was convicted by a jury in Cerro Gordo County court on April 20th, 2012 of a charge of operating while intoxicated brought by Mason City police after an incident on February 19th, 2011. Bailey was sentenced to one year in jail, with all but thirty days suspended, as well as thirty days for two of the traffic violations – which included leaving the scene of an accident, striking an unattended vehicle and open container of alcohol. The jail time would be served concurrently.
After Bailey’s attorney, Colin C. Murphy, asked the court to reconsider her sentence and was denied, Bailey then appealed her conviction, which stalled the serving of her jail time. Bailey’s argument was that the district court abused its discretion in sentencing.
On May 30th, 2013, an Iowa Appeals Court ruled that the district court did not abuse its discretion in sentencing, and affirmed the original ruling of district court judge James M. Drew, who at the time of sentencing told Bailey that “You have a prior conviction for this offense. You smashed into a parked vehicle, causing significant property damage. You then left the scene. You then lied about your involvement. You had what I would consider to be on the higher side of tests. Obviously, I’ve seen a lot higher but I’ve seen a lot lower. It’s nothing to sneeze at. And, quite frankly, of all the things I’ve heard this morning the most surprising is you telling me that you still maintain your innocence. I would classify the evidence against you in this case as absolutely overwhelming of your guilt, and I am mystified as to how you can stand here in front of me today and still maintain that you weren’t driving drunk. That just amazes me. And so even yet today we do have a lack of acceptance of responsibility for your actions, and that cannot be ignored.”
Bailey is now serving 30 days of her sentence and already paid $2,964.00 in court costs and fines.